Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 2

Nine individuals who had been exposed to asbestos filed a class-action complaint against multiple asbestos manufacturers on behalf of the class of individuals who had not previously sued asbestos manufacturers and either (1) had been exposed to asbestos attributable to the defendants through their occupations or the occupation of a household member or (2) had a spouse or family member who had been exposed to asbestos. The size of the class was indeterminate but was estimated at hundreds of thousands, perhaps millions, of individuals. Only half of the named plaintiffs currently manifested medical conditions as a result of exposure; others had allegedly been exposed to asbestos but had not yet developed any asbestos-related medical condition. The lead plaintiffs and defendants reached a proposed settlement agreement and sought class certification and court approval of the settlement. Why might the defendant manufacturers want the court to certify this class? Should the class be certified? [ Amchem Products, Inc. v. Windsor , 521 U.S. 591 (1997).]